Law professor and originalist Michael Stokes Paulsen has given a speech claiming that something is wrong with the US Supreme Court’s approach to section one of the Fourteenth Amendment, which he feels goes beyond decisions he feels are wrong. Paulsen believes that the current Supreme Court only enforces the last two clauses of section one - addressing the rights of all persons - rather than the first three clauses, which address the status and rights of citizens, and that the Court’s approach is resulting in a jurisprudence that lacks any relationship to the original meaning of the amendment’s ‘Due Process and Equal Protection Clauses.’ Paulsen suggests that “An increasing number of scholars now believe that the “Equal Protection of the Laws Clause” guarantees nothing more than the equal protection of the natural rights of life, liberty, and property—natural rights that belong to all persons regardless of citizenship,” and claims the current Supreme Court “leaves those three opening clauses unexamined and unenforced.”
Paulsen concludes by suggesting that the overall approach to the Fourteenth Amendment, focusing only on the last two clauses, has created an entity resembling “the terrible truth [that] is unavoidable when you and your grandson try to set the space shuttle upright on the table…. [A] terribly shaped creation that most likely will not work as originally intended.” Protest, civil disobedience, and appeals to the Constitutional amendment process are the only ways to redress the Supreme Court’s current trend, Paulsen advises.
Parents applaud push to close citizenship gap for foreign-born adopted children
CBC
23-05-19 08:00
Canadian lawmakers are examining changes that would give the foreign-born children of Canadian adoptive parents the same citizenship rights as those of children born in the country. A parliamentary committee has introduced proposals which might change a rule which bars internationally adopted children from automatically transmitting their citizenship by descent if they have children overseas. The law has been said to create an unjust unfair distinction between Canadian-born and international adoptees, with the latter sometimes facing negative effects on future study and work. In 2009, Canada introduced a “second generation cut-off” that meant automatic transmission of citizenship would stop if both parents were foreign-born. However, children from outside Canada who are adopted under the direct route are seen as the first generation born abroad, and so any children they have would count as the second, not classed as being born by descent.
Thailand's Move Forward says coalition partners need not support amending royal insult law
Reuters
23-05-19 07:58
Members of Thailand's Move Forward party have said coalition partners do not need to share their view on amending the lese-majeste law. The party has won the most seats in the lower house and is aiming to make more policy changes following the election, including amending the controversial article 112 of the criminal code. However, not all parties share this view and some believe it is a crucial issue. The potential coalition will be announced on Monday.
Thousands of South Korean nurses went on strike on 24 September after President Yoon Suk Yeol vetoed a bill that would improve pay and working conditions for nurses. Doctors and nursing assistants began protests against the bill stating concerns over job security, but nurses insist the southeast Asian nation needs more care facilities for its ageing population. The strike has had minimal impact so far as most protesters used holiday time or shortened business hours, with major hospitals operating normally.
Macao has revised its legal system to strengthen national security, echoing the crackdown on freedoms in neighboring Hong Kong. The revision of the Law on Safeguarding National Security was needed to deal with "new adverse challenges" in terms of national security, says its government. The Global Times newspaper, published by China’s ruling Communist Party, said the changes target espionage, foreign interference and Taiwan independence supporters and expand the definition of crimes. Unlike Hong Kong, most of Macao's population is recent migrants from the mainland and appears willing to accept heavy-handed party control.
Local governments in China are being urged to make it easier for private enterprises to operate by creating a “continuous and stable policy environment” for start-ups. In a note posted on WeChat, officials from Luoyang, in Henan province, argued that frequent and unpredictable policy changes could deter business people from investing. They called for law enforcement to adopt a “soft approach” and handle minor offences by first “convincing” rather than punishing offenders. The city’s economy is dominated by manufacturing and the petrochemical, aluminium and oil industries. China’s central government has recently emphasised the need for an upswing in private economic activity to counterbalance a sluggish economy and revive property markets. However, the latest official data showed that first quarter investment in the state sector grew by 10%, compared to private sector fixed-asset investment, which saw growth of just 0.6%.
Canada's whistleblowing legislation has never protected a whistleblower in the 16 years since it was brought in, according to David Hutton, a senior fellow at the Centre for Free Expression. The Public Servants Disclosure Protection Act, which has cost taxpayers over $100m in that time, has deterred people who want to report wrongdoing and effectively covers it up. More than 1,500 public servants have come forward with information about wrongdoing since 2007, yet only two managed to prove that they were targeted with reprisals. Critics have said that the law is insufficient and Bill C-290 needs to be passed.
A Hong Kong court has rejected jailed media mogul Jimmy Lai's challenge against security officials preventing a British lawyer from representing him. The founder of the now-defunct Apple Daily newspaper will face charges of "colluding with foreign forces" and sedition under the national security law in a hearing scheduled for September. Lai's judicial review was dismissed after the National Security Committee ruled that his lawyer could harm national security. The committee, chaired by senior Hong Kong and Chinese officials, advised local authorities to reject the lawyer's visa. Hong Kong recently gave its leader the power to block foreign lawyers from national security cases.
Sources claim some Mintz Group staff based in Hong Kong left after the company's Beijing office was raided by Chinese authorities, with fears the crackdown has led companies to feel threatened in the global financial hub. The temporary move to Singapore, according to sources, was made to ensure workers' safety during an uncertain time, concerning a police probe surrounding Mintz. It is unknown why the firm's office was raided, potentially due to previous inquiries related to human rights violations in China's Xinjiang region. Other foreign firms carrying out similar duties have reportedly been warned off from the location. The law change will see Beijing introduce stricter anti-espionage laws from July. Mintz has said it would work with Chinese authorities to "resolve any misunderstanding".
Private prosecutions have become a burgeoning industry in England and Wales, filling a gap left by a retreating state. While once little-known, the concept of private prosecutions was given a significant boost in 1985 with the creation of the Crown Prosecution Service. Today, people and companies can bring private prosecutions for offences including shoplifting and counterfeiting, and the government will pay at least some of the expenses afterwards. Private prosecutions do have critics, however, who say that most shoplifters are drug addicts and need help that will deal with the root cause of their behaviour.
David McKelvey, a retired police officer and CEO of TM Eye, is enjoying his second career in law enforcement, this time in private practice. McKelvey’s company, which initially specialised in corporate investigations, now prosecutes counterfeit cases for big brands, and focuses heavily on private prosecutions for prolific crimes. The company’s clients have included Apple, Louis Vuitton and Fortnum & Mason, with its targets ranging from organised crime operatives to young women on benefits hawking fake designer jewellery and tracksuits on Facebook.
TM Eye is at the forefront of a growing wave of private prosecutions in England and Wales. The company’s move into prosecuting counterfeit cases came after the authorities became less interested in the types of crime uncovered by McKelvey’s investigations. At the same time, austerity measures in the UK have meant that the wheels of justice have ground almost to a halt for a broad swathe of crimes, allowing people with money to buy their day in court.
Protests have been taking place in Budapest against new legislation that would remove public servant statues from teachers, with thousands marching for better salaries and working conditions. The move follows an increase in public protests in Hungary against conservative nationalist Prime Minister Viktor Orban, with many criticising the government's efforts to curtail independent media, academic freedom, and migrant and LGBT rights. The inflation rate, running at 24%, has also affected teacher wages. Orban's government has argued that the bill aims to improve education standards.
Parents of three transgender children in Florida are attempting to block a new law that prohibits gender-affirming care for minors. The case argues that parents are being stripped of their right to make medical decisions for their children. The new law signed by Florida Governor Ron DeSantis this week prevents the prescription of puberty-blocking, hormone, and hormone antagonist therapies to treat gender dysphoria in minors, and also bans gender-affirming procedures or surgeries for minors. At least 17 other states have enacted similar laws. Transgender medical treatments are endorsed by major medical associations as appropriate care but have been increasingly subject to restrictions from Republican lawmakers.
Bill 96: Quebec public servants to rely on 'good faith' of people seeking service in any language but French
CBC
23-05-19 20:22
New regulations issued by Quebec’s government ahead of implementation of its Bill 96 set out criteria that clients must meet in order to be served in a language other than French. The law grants a wide berth to French speakers and limits the role of English in courtrooms, by civil servants and across small businesses, municipalities and the higher-learning institutions known as CEGEPs. Civil servants working for national institutions and the provincial automobile insurance board must first check if English is permissible, based on a list of criteria that include whether the person has a history of communicating in English before 13 May 2021.
William Asa Hutchinson III has regained his Arkansas law license after its suspension earlier this year following his arrest on drug and vehicle charges. However, the son of former Arkansas governor and 2024 presidential candidate Asa Hutchinson could still face attorney ethics discipline proceedings, including suspension or loss of his law licence. The Arkansas Supreme Court said the decision to revoke his licence on an interim basis without a hearing was unjustified, but warned that Hutchinson could still face further action. He has pleaded not guilty to the charges against him.
Florida’s new immigration law prompts travel advisory from Latino advocacy group
CNN
23-05-19 18:21
The League of United Latin American Citizens (LULAC) has issued a travel advisory for Florida, urging people to avoid the US state, ahead of a new immigration law that will take effect in July. The law requires employers with more than 25 staff to check their immigration status through the government’s E-Verify database. Employers who do not comply will be fined $1,000 per day until they can prove their workers are legal citizens. The immigration law, signed by Republican Governor Ron DeSantis amid expectations he will seek the presidency, has been criticised by LULAC and has cost the state $1.1bn in economic activity, according to a study by the Immigrant Legal Resource Center.
US Treasury Secretary, Janet Yellen, has warned that the US is in danger of running out of money to pay its bills come June 1st, since the US Congress has not raised or suspended the nation’s current $31.381tn debt ceiling. US President Joe Biden and congressional Republicans continue to negotiate with a growing sense of urgency as his return to the US on May 21st approaches. Congress has raised or suspended the country’s debt ceiling over 100 times; however, polarisation in US politics has made the deadlock less unusual than in previous events.
Supreme Court of Canada ruling protects ‘counterspeech’ from defamation lawsuits
The Globe and Mail
23-05-19 23:52
The Supreme Court of Canada has stated that the right to accuse someone of promoting hatred against a minority group deserves protection from defamation lawsuits. The Court added that expression that seeks to defend such groups from criticism can be considered "counterspeech". This first-of-its-kind ruling came about after a school trustee alleged that British Columbia’s education policy would result in teaching the "biologically absurd theory" that gender is not determined at birth and that the norm should not be heterosexual marriage, leading to a gay union leader labelling the trustee as hateful.
Lawyers for Jes Staley, former CEO of Barclay’s, have refuted allegations brought against him by JPMorgan Chase that he masked a relationship with now-deceased sex offender Jeffrey Epstein. The bank is seeking to make Staley liable for two lawsuits alleging the bank failed to flag Epstein's transactions for 15 years and helped him maintain a network of victims by turning a blind eye to suspicious transactions. JPMorgan has also claimed that Staley vouched for Epstein, whereas Staley’s lawyers argue that the assertion is based on shaky foundations. A federal judge is due to rule on the motion to dismiss by the end of the month.
Nebraska lawmakers have passed a bill, which Republican Governor Jim Pillen is expected to sign into law, limiting abortion and restricting gender-affirming medical care for transgender youths. It bans abortions after 12 weeks of gestational age, allowing exceptions for medical emergencies when the mother's life is at risk, rape or incest. The bill also bans "gender-altering surgery" and restricts hormone therapy and puberty-blocking drugs for transgender people aged under 19. The state's legislature, dominated by Republicans, voted 33-15 to pass the bill.
Human Rights Watch has reported its concerns about mass arrests by the Pakistani police resulting from protests over the arrest of Imran Khan. More than 4,000 people have been detained, including opposition political party members. Many have been charged with rioting, although authorities have arrested members of opposition political parties who were not involved in violent protests, and all those detained for peaceful protest should be released. Violence began after the police arrested former prime minister Khan on 9 May 2023, on corruption charges. Since then hundreds of members of Khan’s political party have been arrested.
